B MARY JALAJA Vs. S VASANTHA VANI

JUDGEMENT

(1.) Atissue in this appeal is the seniority of the appellant Smt.B.Mary Jalaja and the first respondent Smt.Vasantha Vani in the post of Lecturer in Political Sciences in the Smt.Kandukuri Rajyalakshmt College for Women, Rajahmundry. The post of Lecturer in Political Science is the college is an aided one. Pursuant to a selection made by the competent authority, the appellant herein, Mrs. Mary Jalaja, and the first respondent Smt.Vasantha Vani were selected and the committe on a comparative assessment of their merit assigned rank No.1 to the appellant and rank No.2 to the first respondent. The last date for reporting for duty was 20-12-84. The first respondent joined service on 11-12-84 while the appellant joined service on 17-12-84. In September, 1992 one of the two posts became surplus because of change in the norms concerning working hours. Several other posts in other institutions also were found to be surplus because of the aforesaid change and therefore the Director of Higher Education by letter dt.13-7-1988 requested the State Government to shift the Lecturers found to be surplus to different colleges as other wise they ran to risk of losing the jobs. Acceding to that request of the Director of Higher Education, Governmentissuedorders in Memo No.2/CEII-1/88-5,Edn., dated 21-12-1988 the relevant portion of which read as follows: "(1) Surplus Teachers and uneconomic sections should be identified in Government & Private institutions on the basis of the increased work load yardstick fixed by Government(i.e. 20 Clock Hours as per G.O. cited). (2) These surplus Teachers should be adjusted to the extent possible against existing vacancies. Surplus Teachers remaining unadjusted should be adjusted against future vacancies as and when they arise/' In consequence of the implementation of the aforesaid policy it was felt that as between the appellant and the first respondent, the appellant was junior and to the first respondent, accordingly she was transferred to Gudivada College. She made a representation to the Director of Collegiate Education on 12-10-92 which was allowed by the Director by his proceedings dt. 3-11-92 in R.C.NO.4348/FCI-3/92. The Director stated in the aforesaid proceedings:

(2.) Challenging the above proceedings of the Director of Collegiate Education W.P.No. 15500/92 was filed by the first respondentherein. A learned Single Judge of this court, J.Eswara Prasad, J., allowed the writ petition taking the view that the Andhra University while approving the appointments of the appellant and the first respondent had treated the first respondent as senior to the appellant and therefore the action of the Director of Collegiate Education in reversing the order of seniority was without jurisdiction. Aggrieved by that the present appeal was brought.

(3.) After hearing the learned counsel for both sides and also the learned Government Pleader, we are of the view that this appeal must succeed. The order of the Ahdhra University which was the basis for the learned Judge to allow the claim of the first respondent herein had nothing to do with the determination of seniority. The order dt.27-2-85 was issued by the Registrar of the University to the Correspondent of Smt.K.R.College for Women, Rajanmundry"approving the appointments of the teachers in the college" and it mentioned the names of five teachers in the order in which they joined duty. This cannot be interpreted as an order determining the seniority of he persons named therein.